News & Analysis as of

Just Cause Termination

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City’s New Job Protection Bill: Will It End At-will Employment?

New York City is considering a bill known as the “Secure Jobs Act,” which would prohibit employers from discharging employees without “just cause” and advanced notice in most cases. Introduced on December 7, 2022, Int...more

Proskauer - Law and the Workplace

NYC Council Considering Proposal To Significantly Limit At-Will Employment and Electronic Monitoring of Employees

A proposed ordinance has been introduced before the New York City Council to generally prohibit private employers from terminating employees without “just cause” or a “bona fide economic reason.” If enacted, this proposal...more

Genova Burns LLC

Stepping In Where Unions Have Failed, NYC Council Imposes Just Cause Standard On Non-Union Employers

Genova Burns LLC on

As our readers may be aware, in March 2021, New York City passed an ordinance requiring fast food employers to have just cause to discharge their employees, where discharge includes termination, constructive discharge,...more

Bond Schoeneck & King PLLC

New York City Fast-Food Employers Beware: Just-Cause Needed for Firing

Effective as of July 5, 2021, New York City fast food employers may only discharge employees for just-cause. This new law effectively chips away at the American tradition of at-will employment. Originally published in the...more

FordHarrison

NYC City Council Passes "Just Cause" and Other Restrictions Covering Employers in Fast Food Industry

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On Friday, December 17, 2020, the NYC Council passed two bills that will end “at-will” employment for fast-food workers in New York City.  The bills will take effect 180 days following Mayor de Blasio’s expected signing of...more

Seyfarth Shaw LLP

At-Will No More: NYC Council Passes Just-Cause Termination and Progressive Discipline Requirements for Fast-Food Employers

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The NYC Council has passed two bills that will end traditional at-will employment for fast-food employers in New York City.  The bills were sent to Mayor Bill de Blasio for signature on December 17, 2020 and will take effect...more

Littler

New York City Bills Seek to Eliminate At-Will Employment in the Fast Food Industry

Littler on

On Tuesday, December 15, 2020, the New York City Council’s Committee on Civil Service and Labor voted to approve two bills, Proposed Int. No. 1415-A and Proposed Int. No. 1396-A, that would fundamentally alter the...more

Seyfarth Shaw LLP

Employer Challenges Arbitrator Award Which Held Positive Drug Test for Cocaine Insufficient to Prove Just Cause

Seyfarth Shaw LLP on

Seyfarth Synopsis: A beverage wholesaler has appealed an arbitration award to federal court where the Company discharged a CDL driver who tested positive for cocaine. The arbitrator had ruled that the Company did not have...more

FordHarrison

Perhaps Silicon Valley’s Pied Piper Could Use Good Employment Counsel

FordHarrison on

I am currently bingeing my way through HBO’s Silicon Valley after not having watched the show for several years (I’ve always found it entertaining enough, but life, you know?). The series chronicles the experiences of a small...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seven Questions That Employers Should Ask Themselves before Discharging an Employee

Employment terminations are serious business and fraught with potential challenges. The simple idea that at-will employees can be discharged for any legal reason without incurring claims, defense costs, and possible...more

Bennett Jones LLP

Investigating Sexual Assault in the Workplace—A Cautionary Tale

Bennett Jones LLP on

Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

French Labor Court Holds: Look The Other Way And Pay

France is world-renowned for its protection of employees against adverse employer actions, particularly unilateral terminations. Like virtually all other countries outside the United States, France does not recognize at-will...more

Eversheds Sutherland (US) LLP

Cooperate or Terminate: Second Circuit Protects Companies that Terminate Employees for Failure to Cooperate with Investigations

On June 16, the U.S. Court of Appeals for the Second Circuit upheld the right of a company to terminate for cause executives who refuse to cooperate with an internal investigation and remain “silent” even with the specter of...more

Pullman & Comley - Labor, Employment and...

The Appropriate Punishment for Actual and Perceived Threats in the Workplace-Take Two; the Appellate Court (Sensibly) Speaks

Last year, I wrote about an unsuccessful attempt to vacate a puzzling arbitration award that overturned the termination of a school custodian who made threats of violence. In a decision that was officially issued on October...more

Bennett Jones LLP

Inappropriate E-mail Use by Employees Can Constitute Cause for Dismissal

Bennett Jones LLP on

Increased usage and reliance on the Internet creates new challenges for both employees and an employer’s human resources department. In certain circumstances, employees can be fired for engaging in inappropriate Internet use...more

Snell & Wilmer

Progressive Discipline and Personal Responsibility Under Navajo Employment Law

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Most companies doing business on the Navajo reservation know the Navajo Preference in Employment Act (NPEA) is a unique statute. Unlike almost all other jurisdictions in the United States, the Navajo Nation does not recognize...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Inconsistent Reasons for Termination Allow Pregnant Employee’s Discrimination Case to Proceed to Jury

The Seventh Circuit Court of Appeals recently overturned a lower court’s grant of summary judgment in favor of a home care agency, holding that a jury should be allowed to determine whether the agency’s reasons for firing an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Termination Notice Periods Extended in Brazil—With Retroactive Effect!

Terminations in Brazil are tricky enough. If “just cause”—which is statutorily established and defined—does not exist, an employer can be on the hook for quite a bit, including indemnities and taxes tied to the balance in the...more

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